Student Code of Conduct

Policy Author:
Student Affairs

Responsible Office-Department:
Student Affairs

Effective Date of Policy:
August 18, 2022

Policy Narrative

In addition to the policies listed in various sections of this handbook, the Daemen University Student Code of Conduct outlines behaviors that are prohibited at the University. The specific items are not meant to serve as an exhaustive list, but as a general guideline for addressing student behavior. The University reserves the right to address other behaviors that occur that are considered detrimental to the learning environment and/or health and safety of the University community.

To that end, prohibited behavior at Daemen University includes the following: 

1. Non-academic dishonesty, including, but not limited to, theft, attempted theft, possession of stolen property, forgery, and falsification of information provided to any University official;
   1. Lying: any statement, action, or behavior with the intent to deceive  
   2. Possession or use of a fake ID
   3. Stealing: knowingly taking an item or items without the owner’s expressed permission
   4. Eluding or evading: any statement, action, or behavior with the intent of hiding the truth, including running or hiding from University personnel
   5. Aiding and abetting: knowingly encouraging, assisting and or being an accessory to any act prohibited by the Student Code of Conduct

2. Conduct which threatens the physical or psychological health and/or safety of any person (including the person committing the act) or the sanctity of the campus, including, but not limited to physical or sexual assault. (See also the policies on Sexual Violence and Assault and Prohibiting Unlawful Harassment including Sexual Harassment in Section 5 of this Handbook);
   1. Dating Violence: violence, whether physical, sexual, or the threat thereof, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
   2. Domestic Violence: a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner, a cohabiting partner, or another person with whom the victim shares a child.
   3. Sexual Harassment: as defined in Section 5 of this Handbook.
   4. Sexual Assault/Rape: an offense that meets the definition of rape, sodomy, sexual assault with an object, fondling, incest, or statutory rape as used in the FBI’s UCR program.
   5. Stalking: any act, whether via phone, internet, or physical proximity, that, through unwanted and/or unsolicited viewing or communicating, threatens an individual’s physical or emotional safety. 
   6. Physical Attack.
   7. Hazing.
   8. Harassment: any act, whether written or verbal, via online or in person, that abuses, intimidates, or threatens the safety of a member of the Daemen University community.
   9. Failure to maintain personal health, whether physical, mental or emotional, in such a way that it threatens the safety and security of the individual or the University community.
   10. Use or possession of firearms, fireworks, or other weapons that could be considered lethal, including those weapons for which the person has a permit.

3. Damage to, or misuse of, public, private, personal or University property; 
   1. Property Damage, either to an individual’s or the University’s property.
   2. Removing approved postings and/or Office of Housing & Residence Life notices or bulletin boards.
   3. Littering, applying graffiti, and/or other behavior which threaten the cleanliness and appearance of the University.
   4. Use of fire equipment, including sprinklers, extinguishers, and/or hoses, in any manner or which it was not intended.
   5. Defenestration: throwing  objects outside of the window or from a balcony or roof.

4. Violation of policies as described in the Student Handbook, the University Catalog, the Housing Agreement and all other rules governing University facilities, programs, and services including, but not limited to the following; 
   1. Violation of Housing & Residence Life policies (see Residential Living policies section).
   2. Purchase, possession, use, consumption, sale or distribution of alcohol, except by consumers of legal age and in compliance with the University’s alcohol policy.
   3. Possession or use of alcohol paraphernalia and/or items or activities that may promote binge, heavy, or episodic drinking, such as, but not limited to, kegs and beer pong balls.
   4. Distribution or attempted distribution of alcohol to any person under the legal drinking age.
   5. Distribution or attempted distribution of a drug, including prescription medication.
   6. Illegal use or possession of a drug, including prescription and over-the-counter drugs.
   7. Manufacturing of any drug, including growing marijuana for any purpose.
   8. Possession or use of illegal or someone else’s drugs and/or drug paraphernalia.
   9. Accessing prohibited areas in the residence halls, including but not limited to fire escapes, balconies, and basements, except in an emergency.

5. Intentional obstruction or disruption of teaching, research, administration, disciplinary procedure, or other University activities or activities authorized to take place on University property; 

6. Disorderly conduct including acts which breach the peace;
   1. Disruptive behavior
   2. Unauthorized or improper entry, whether peacefully or by force, into a prohibited area or residence hall/apartment in which there is no documented reason for being present
   3. Urinating in public
   4. Misuse of residence hall property

7. Non-compliance with the directions of University or civil authorities performing official duties, including failure to give proper identification when requested.

8. Violation of another student’s rights or privileges and verbal or written harassment, discrimination, abuse and/or disrespect of any person; 
   1. Harassment: any act, whether written or verbal, via online or in person, that abuses, intimidates, or threatens the safety of a member of the Daemen University community.
   2. Acts or abusive language, either in public or via online sources.

9. Violation of statutes, laws, ordinances and/or regulations of the Town of Amherst, State of New York (or other states, when applicable), and the United States of America. 

Purpose of this Policy

To create and maintain an equitable environment where students have the optimal opportunity to succeed academically, personally, and professionally and where any and all Daemen University Community members feel safe, valued, and respected.

This policy’s virtual location is https://www.daemen.edu/student-life/student-affairs/student-handbook/section-8-student-code-conduct-and-procedures

Scope and Applicability of this Policy:

Student Affairs adapts the idea of community standards – through our General Policies, Residential Policies, and the Student Code of Conduct – and attempts to enlighten, not only the student body, but the entire Daemen community, on the value and vision of the university to ensure that we achieve our mission and commitment to education.